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3 defenses for any DWI charge

You may have had a little too much to drink before you got behind the wheel, but that doesn't necessarily mean you were drunk when the police pulled you over. There are a number of tests that have to be performed before you face charges for being over the limit. Even if the test comes back positive, there's a chance that it's inaccurate.

What can you do to defend yourself against DWI charges in South Carolina? There are a few different options. You can show that you didn't know you were intoxicated, that you weren't over the limit or that you were entrapped.

1. You didn't know you were intoxicated

This could happen in a number of cases. Imagine that you're at a bar. You set down your drink and turn away for just a second. Someone puts an extra shot into your glass, or perhaps a drug. You drink the beverage, not knowing that it's been spiked. You feel a little odd, but you know you didn't have alcohol, so you get into your vehicle. Later, you discover that you're drunk or high, and the police pull you over and charge you for the offense.

In this case, it's absolutely your right to defend yourself. You were not negligent. Someone else set you up, and you can show that you did not intend to get behind the wheel while intoxicated by drugs or alcohol.

2. You weren't over the limit

It takes only a few hours for the body to move alcohol through the system. If you stop drinking several hours before driving, it would be highly unusual to have a positive blood or breath test over the .08 limit. If you burp or have indigestion, the test won't come back accurately. Make sure that you have the officer give you a second test if it seems too high, and talk to your attorney about the potential for an inaccurate test to be thrown out of evidence.

3. You were entrapped

It's not fair for an officer to keep buying you drinks and then to follow you out of a bar and pull you over for drunk driving the moment you sit down in the driver's seat. Entrapment occurs when the officer in question does something to make you drunk or to encourages you to drive while intoxicated. If that happens, you're well within your rights to argue against the DWI charge.

Your attorney can talk to you about your options if you've been charged with a DWI. There are multiple types of defenses, so you can work to have the charges dismissed or reduced.

Source: Nov. 30, -0001

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